Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Sentencing mitigation and culpability
  • 20 Aug 2015

    SECRETARY OF JUSTICE v. LI PANG KAY AND ANOTHER

    Citation
    SECRETARY OF JUSTICE v. LI PANG KAY AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMP1851/2013

    The court refused leave to cross-examine because, in the factual context, the proposed lines of questioning were not sufficiently relevant to the only live issue (sentence). Specifically, the reliability of the WhatsApp source was immaterial where no falsehood or additional offending conduct was alleged; and forcing editors to give further positive evidence that would create aggravating facts was inappropriate where defendants' mitigation did not depend on those matters. The exercise of discretion favoured refusal given the facts, though the court left open revisiting the issue if defendants…